Research problem

Domination by a political party, or personality, group or tribe, must be prevented in order to protect the political rights and fundamental freedoms of the individual and to insure the independence of the judiciary. To achieve these aims, it was necessary to decentralize state power. The Kenyan government therefore proposed the creation of six regional authorities with legislative and administrative powers. They also proposed the establishment of a bicameral system, with the federal parliament consisting of a lower house elected on a national basis and an upper house elected by the regional assemblies voting as electoral colleges, both houses having substantially equal powers. The regions were to have equal representation in the upper house. Finally a government document recommended that there should be no judicial decentralization. In other words, the judiciary was to remain a branch of the central government (Sobania 2003). Since the government believed that the fundamental basis of the new constitution must be the observance of the rule of law, it strongly recommended, for this purpose, the presence and continuation of a properly established, fair and impartial judiciary, free from executive interference. Such an independent judiciary, they stated, could only be secured by adequate constitutional provisions. Following precedents in other Commonwealth countries, the government proposed several provisions on the judiciary to be incorporated in the new constitution. These provisions covered the qualifications for judges, the establishment of a judicial service commission, the appointment of poise judges and of the Chief Justice and, lastly, the removal of judges (Ogot & Ochieng 1995). The paper is a proposal for a study on effects of Unethical Behavior on Organizational Performance: A case of the Kenyan Judiciary.

Aims and objectives

  • Understand the concept of unethical behavior
  • Explain the concept of organizational performance
  • Analyze the Kenyan Judiciary
  • Determine the effects of unethical behavior to the performance of Kenyan Judiciary
  • Literature Review

    The values of an organization as reflected in its management philosophy, its culture, and the products or services it offers echo the values of the individuals who make it up: employees, supervisors, managers, and most significantly, the chief executive officer (CEO) and top leaders. Some commonly held organizational values are the importance of resources, return on investment, welfare and well-being of employees, service to customers and clients, and loyalty to the organization. Although the goals and values of an organization may be implicit or explicit, to a growing extent they are being placed in writing (Vardi & Weitz 2004). Many companies have adopted codes of ethics or included sections in their policy statements that relate explicitly to ethics. They address such issues as leadership, integrity, equity, employee rights, employee development, participation in policy formulation, nondiscrimination, and quality of work life. The adoption of a code of conduct is tantamount to a commitment by the corporation to engage in corporate self-regulation. In today's business and regulatory environment the importance of meaningful codes of conduct or compliance programs cannot be underestimated. Corporate codes of conduct are kept in line with organizations. An organizational atmosphere that condones unethical behavior is a major contributor to misconduct. According to one study even employees with high ethical standards may stray in a climate that rewards unethical behavior. Whistle blowing is often viewed as misbehavior: Employers consider this practice as a subversive act and sometimes take vicious retaliatory steps against the perpetrators. Such employers may argue, for example, that even when instances of unethical behavior are discovered, they should be dealt with internally (Sims & Spencer 1995).

    Methodology

    Sample collection

    To determine the number of respondents that will be asked to participate and give information regarding the study convenience sampling will be used. Convenience sampling means to collect or interview individuals who actually experience the phenomenon. Convenience sampling will focus on individuals that experienced diabetes mellitus or has someone in the family that experienced such disease.

    Methodology/Data Collection

    Primary and secondary sources of data would be used for the study. Surveys will the primary method of data collection.  Internet surveys would be the primary source of data. Internet surveys have been both hyped for their capabilities and criticized for the security issues it brings. Internet surveys would also require less time for the researchers and the respondents.  Secondary source of data would involve the use of books and journals.

    Data Analysis

                In analyzing the collected data, the paper will be divided into the demographic profiles of the respondents and the ideas of respondents. The data that will be acquired will be put into graphs and tables.

     

    References

    Ogot, BA & Ochieng, WR 1995, Decolonization & independence in

    Kenya, 1940-93, James Currey, London.

     

    Sims, RR & Spencer, MP (eds.) 1995, Corporate misconduct: The

    legal, societal, and management issues, Quorum Books, Westport,

    CT.

     

    Sobania, N 2003, Culture and customs of Kenya, Greenwood Press,

    Westport, CT.

     

    Vardi, Y & Weitz, E 2004, Misbehavior in organizations: theory,

    research, and management, Lawrence Erlbaum Associates, Mahwah,

    NJ.


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